If you are arrested in Florida, one of the first questions you may have is how long the state can hold you without formally charging you. Under Florida’s updated speedy trial rules that took effect in mid-2025, the answer to this concern can be complicated—and, in many cases, less protective of defendants than related rules were before.
One of the biggest changes is when the speedy trial clock actually starts. Under the new rules, the timeline no longer begins at the time of arrest. Instead, it begins when formal charges are filed, such as an information or indictment. This means a person can be arrested and held, or placed on pretrial release, without triggering the traditional speedy trial deadlines right away.
The updated rules do place one important limit on prosecutors. In many cases, the state now has up to 60 days to file formal charges if the person is on pretrial release. However, this does not necessarily guarantee release or dismissal if charges are delayed, and the exact timing of one’s case may depend on custody status and case details.
What does this mean in the aftermath of an initial hold?
Once formal charges are filed, traditional trial deadlines apply. Generally, the state must bring a misdemeanor case to trial within 90 days and a felony case within 175 days. If those deadlines pass, a skilled defense attorney can file a Notice of Expiration of Speedy Trial. The court must then hold a hearing within a few days, and the state is given a 30-day “recapture period” to bring the case to trial.
If the state still fails to act within that recapture period, the case may be dismissed. However, under the new rules, dismissal is usually entered without prejudice, meaning prosecutors can refile the charges and restart the case. A permanent dismissal is only possible if one’s constitutional right to a speedy trial has been violated, which is a much higher standard.
In practical terms, the 2025 changes give prosecutors more flexibility and can result in longer periods before a case is formally charged or resolved. That is just one reason why it is important to have a defense lawyer monitoring timelines, filing the appropriate notices and preserving a defendant’s rights at every step along the way.